Legal Opinion
Lozano v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 2017No. 4494 24019/14PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 22, 2016, which denied defendant the New York City Housing Authority’s (NYCHA) CPLR 3211 and 3212 motion seeking to dismiss the complaint, granted plaintiff Bengamin Lozano’s cross motion for leave to file a late notice of claim, and deemed the notice timely served nunc pro tunc, unanimously reversed, on the law, without costs, the motion granted, and the cross motion denied. The Clerk is directed to enter judgment accordingly in favor of NYCHA.
The motion court lacked discretion to grant plaintiff leave to file a late…
2Cases cited7 opinions
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Singleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Harper v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Martinez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Carpenter v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2017
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3Cited by4 opinions
- Black v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2025
- Davis v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2019
- Keeney v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2019
- Shuford v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2026